HomeMy Public PortalAbout11-04-97 Regular Council Meeting.tifMINUTES
VILLAGE COUNCIL MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, NOVEMBER 4, 1997
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by
the Mayor at 7 00 p m Present were Councilmembers Martha Broucek, Mortimer Fried, Gregory
Han, Hugh O'Reilly, Vice Mayor Michele Padovan and Mayor John Festa Councilmember Betty
Sime was absent Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita
Alvarez and Village Attorney Richard Weiss
2 INVOCATION Reverend Robert M G Libby, St Christopher's by the Sea gave the
invocation
3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance
4 APPROVAL OF MINUTES The minutes of the Council Meeting of October 21, 1997
were approved by unanimous consent
5 AGENDA There were no changes made to the agenda
6 SPECIAL PRESENTATIONS The Mayor presented Resolution 97-50 to Helen White,
recognizing her for her efforts and services to the community
The Mayor presented the checks to the following 1997 participants of the Employee Training and
Development Program Firefighters Ray Aguiar, Gary Carter, Frank Galgano and Tama Romero,
Michael Bain, Ana de Varona, Carolyn Greaves and Lieutenant Cathy McElhaney
Mr Lynn Whisenhut, General Manager, Adelphia Cable, addressed the Council and the public
regarding the services that Adelphia Cable provides to the residents of Key Biscayne Mr
Whisenhut announced that ESPN2 will be added to the channels offered on Key Biscayne as of
December 1, 1997 Mr Whisenhut also stated that Adelphia Cable is working on the following
programs to be launched in December a Spanish service program, digital channels like the Sega
Channel (interactive games) and a musical program
Heidi Archibald, 801 Ocean Drive, Scott Bass, 201 Galen Drive addressed the Council
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November 4 1997
Mr Paul Kvedaras, Marketing Chairman, Scouts with Disabilities, Jennifer White, District Executive
and Anna Medina representing the Hospice House addressed the Council and the public regarding
a request to use the Village Green, for a period of two weeks from December 6 to December 24,
1997, for the purpose of installing a Santa Claus booth
Mayor Festa made a motion to approve the request Councilmember O'Reilly seconded the motion
and it failed by a 2-4 voice vote The vote was as follows Councilmember O'Reilly and Mayor
Festa voting Yes Councilmembers Broucek, Fried, Han and Vice Mayor Padovan voting No
7 PUBLIC COMMENTS Michael King, 745 Fernwood Road addressed the Council
8 ORDINANCES The Clerk read the following ordinance, on first reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, AMENDING
CHAPTER 30 "ZONING" OF THE VILLAGE CODE, BY CREATING ARTICLE IV
"SPECIFIC ZONING DISTRICT REGULATIONS" CONSISTING OF SECTION 30-80
"WATERFRONT RECREATION AND OPEN SPACE ("WR") ZONING DISTRICT,
AUTHORIZING CERTAIN USES AS PERMITTED USE SUBJECT TO SITE PLAN
APPROVAL AFTER PUBLIC HEARING, PROVIDING FOR REZONING OF CERTAIN
LAND FROM COUNTY ZONING DISTRICTS, BY REZONING PARCEL AT 180
HARBOR DRIVE FROM COUNTY RU -3M ZONING DISTRICT TO VILLAGE "WR"
ZONING DISTRICT AND REZONING A VACANT PARCEL LYING IMMEDIATELY TO
THE SOUTHWEST FROM COUNTY RU -1 ZONING DISTRICT TO VILLAGE "WR"
ZONING DISTRICT AND REZONING CERTAIN PARCEL AT 685 OCEAN DRIVE FROM
COUNTY RU -4A ZONING DISTRICT TO VILLAGE "WR" ZONING DISTRICT,
PROVIDING FOR REVISION OF ZONING MAP, PROVIDING FOR SEVERABILITY,
PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR AN EFFECTIVE
DATE
Director of Building, Zoning and Planning, John Little addressed the Council and the public
regarding this ordinance
The Mayor opened the public hearing Jacqueline de Leon, 615 Ocean Drive, Bill Cole, 580
Fernwood Road, Jim Taintor, 355 Harbor Dnve, representing the Yacht Club, addressed the
Council The Mayor closed the public hearing
The Attorney addressed the Council regarding this ordinance
Councilmember Han made a motion to adopt the ordinance on first reading The motion was
seconded by Councilmember Fried
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November 4 1997
Councilmember Han made an amending motion to add under Section 30-80 Waterfront
Recreation and Open Space Zoning District Section (C) 1 Private6beachfront areas
The motion was seconded by Councilmember Fried and approved by a 6-0 roll call vote
The vote was as follows Councilmembers Broucek, Fried, Han, O'Reilly, Vice Mayor
Padovan and Mayor Festa voting Yes
Councilmember Han made an amending motion to delete Scction (C) 2 in its entirety and
renumber the following sections under Section 30 80 Waterfront Recreation and Open
Space Zoning District The motion was seconded by Mayor Festa and approved by a 5-1
roll call vote Councilmembers Broucek Han, O'Reilly, Vice Mayor Padovan and Mayor
Festa voting Yes Councilmember Fried voting No
Councilmember Han made an amending motion to add under Section 30 80 Waterfront
Recreation and Open Space Zoning District Section (D) Development Parameters 3)
Minimum setbacks Lifegiardtstands The motion was seconded by Mayor Festa and
approved by a 6-0 roll call vote The vote was as follows Councilmembers Broucek, Fried,
Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes
Councilmember O'Reilly made a motion to delete Scction (E) in its entirety under Section
30 80 Waterfront Recreation and Open Space Zoning District The motion died for lack
of a second
The ordinance as amended was approved by a 6-0 roll call vote The vote was as follows
Councilmembers Broucek, Fned, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes
The Clerk announced that the second reading of this ordinance is scheduled for the meeting of
November 18, 1997
9 RESOLUTIONS The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ENDORSING AND
SUPPORTING DESIGNATION OF A HISTORIC SITE AND CREATION OF A MUSEUM
AND MEMORIAL AT THE RICHMOND NAVAL AIR STATION IN DADE COUNTY,
FLORIDA
Councilmember O'Reilly made a motion to approve the resolution The motion was seconded by
Mayor Festa and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek,
Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes
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November 4 1997
The Clerk read the following resolution by title
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY BISCAYNE ATHLETIC
CLUB, PROVIDING FOR AN EFFECTIVE DATE
Councilmember Fried made a motion to approve the resolution The motion was seconded by
Councilmember Broucek and approved by a 6-0 voice vote The vote was as follows
Councilmembers Broucek, Fned, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes
There was extensive discussion from Council on this issue
Mayor Festa instructed the Manager to request from all organizations that have a contract with the
Village, to provide a document that indicates their expenses and revenues for the year
Steve Simon, 335 Harbor Lane, representing the Atheltic Club, addressed the Council
10 REPORTS AND RECOMMENDATIONS The following items were discussed
Mayor and Councilmembers The Manager addressed the Council regarding the Village's appraisal
for the SunTrust property informing the Council that it has been completed and now awaiting for
the SunTrust's appraisal to be completed and at that time both appraisals will be opened and made
public
Robert Brooks, 95 West McIntyre reiterated to the Council that the first priority for the
SunTrust Bank is to build their branch and after this is accomplished, then the SunTrust
Bank will be ready to negotiate with the Village regarding the sale of the existing building,
Raul Llorente, 345 Cypress Drive addressed the Council
There was extensive discussion from Council on this issue The Attorney also addressed the Council
regarding this issue
The Mayor requested that a representative from the Library Beautification Foundation address the
Council regarding the Foundation
Cecile Sanchez, 260 Cypress Drive, Alison Owen, 1111 Crandon Boulevard addressed the
Council regarding the library landscaping, informing the Council that the Foundation
received a donation and, therefore, will no longer need the grant from the Village The
Foundation requested that the Village be responsible for fertilizing the library gardens three
times a year and mulching twice a year
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November 4 1997
Councilmember Fried withdrew his item regarding the Key Biscayne Beautification Foundation, Inc
There was no objection to this request
Vice Mayor Padovan requested approval from Council to send a letter to Mr Roger Cuevas,
Superintendent of Schools, Dade County Public Schools stating that she is the school board
representative, appointed by the Village Council, before the Dade County School Board By
consensus of the Council the Clerk was directed to send the letter to Mr Cuevas Councilmember
Han offered technical corrections to the letter and they were approved without objection
Councilmember Broucek requested to adopt the following goals and objectives Crandon Boulevard,
Village Facilities, Sidewalks West Heather and West Wood, Beach Preservation and Village Voices
The Clerk was directed to bring an updated report regarding the Village Voices to the meeting of
December 9, 1997
Councilmember Fried addressed the Council regarding the West Heather and West Wood Drive
traffic calming Councilmember Fried stated that the construction of sidewalks on the north and
south sides of both streets should start on January 1, 1998 and then appropriate funds in 1999 to take
care of the traffic calming The Manager also addressed the Council regarding this issue The
Manager was requested to bring to Council costs for this project and to also include the portion of
East Enid between the Fire Department and the School
Village Attorney The Attorney did not submit a report
Village Clerk Pursuant to Section 2 02 of the Village Charter, an election was held for the vice
mayor's seat
Councilmember O'Reilly nominated Vice Mayor Padovan The nomination was seconded
by Mayor Festa
Vice mayor Padovan nominated Councilmember Fried The nomination was seconded by
Councilmember Broucek
Voting by ballot, the Council elected Councilmember Fried to serve as Vice Mayor The
vote was as follows Councilmember O'Reilly and Mayor Festa voting for Vice Mayor
Padovan Councilmembers Broucek, Fried, Han and Vice Mayor Padovan voting for
Councilmember Fried
The Clerk announced that there will be a Town Meeting on November 22, 1997 at the Sonesta Beach
Resort and invited the public to attend
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November 4 1997
Village Manager The Manager recommended that the workshop on the proposed sanitary sewer be
called a public hearing due to the state loan requirements By consensus of the Council the request
was approved
Councilmember O'Reilly made a motion to conduct a bacteriological study of the waterways
of the unsewered areas up to a ceiling of $50,000 The motion was seconded by
Councilmember Broucek Councilmember O'Reilly withdrew his motion
Councilmember O'Reilly amended his motion to say that the bacteriological study should
not to exceed $20,000 The motion was seconded by Councilmember Broucek
Councilmember Han made a proposal to contact DERM to conduct this study Carlos Penin,
Village Engineer and Andrew Pierce addressed the Council regarding this issue
Councilmember O'Reilly amended his motion to direct the Manager to find out the cost to
conduct such a study The motion was seconded by Mayor Festa and failed by a 3-0-2 voice
vote Councilmembers Broucek, O'Reilly and Mayor Festa voting Yes Councilmembers
Fried and Han voting No (Vice Mayor Padovan was absent at the time of the vote)
The Manager addressed the Council regarding the financial aspect of the proposed sanitary
sewer project The Attorney addressed the Council stating that the Village needs to get an
opinion from a tax attorney regarding the tax issue Jack Neustadt, Director of Finance and
Administrative Services also addressed the Council
Mayor Festa suggested that staff look into the City of West Miami and find out where their
sanitary sewer is billed Do they get a bill from the County or do they get a bill from the
City of West Miami
Councilmember Han brought to the attention of the Council that Harbor Point is not included
in this project because it is a private road This issue is to be brought back at a future
Council meeting The Attorney and the Engineer addressed the Council regarding this issue
The manager will bring the Post Office update report to the next Council meeting
The Manager requested a motion to award a contract to Ground Works of Palm Beach County, Inc
for seven (7) palm trees at $2,900 each for a total of $20,300 The request failed by a 3-3 voice vote
The vote was as follows Councilmembers Broucek, Fried and Han voting Yes Councilmember
0' Reilly, Vice Mayor Padovan and Mayor Festa voting No
Village Planner, Raul Lastra and Village Engineer, Carlos Penin addressed the Council
regarding this issue
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November 4, 1997
Vice Mayor Padovan made a motion to authorize the Manager to spend $100 per Circle The
motion died for lack of a second
The Manager was requested to come back to Council with a recommendation and a cost ro
plant Alexandrias in the circles
The Manager recommended to Council to support a program of the Rotary Club of Key Biscayne
where they select an Employee of the Quarter The program was approved by consensus of the
Council
The program for the Heritage Trail Dedication was approved as presented to Council by unanimous
consent
Mayor Festa made a motion to extend the meeting until 11 10 p m Councilmember Broucek
seconded the motion and it failed by a 4-2 voice vote (unanimous vote required) The vote was as
follows Councilmembers Broucek, Fried, Han and Mayor Festa voting Yes Councilmember
O'Reilly and Vice Mayor Padovan voting No
Vice Mayor Padovan made a motion to reconsider extending the meeting The motion was
seconded by Mayor Festa and approved by a 6-0 voice vote The vote was as follows
Councilmembers Broucek, Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa
voting Yes
The motion to extend the meeting until 11 10 p m failed by a 5-1 voice vote (unanimous
vote required) The vote was as follows Councilmembers Broucek, Fried, Han, Vice Mayor
Padovan and Mayor Festa voting Yes Councilmember O'Reilly voting No
The Chief of Police, Michael Flaherty addressed the Council regarding a parking concern from the
Key Biscayne Community School requesting sidewalks on Fernwood to allow children to walk
safely to the new entrance of the school The Chief also addressed the issue of the crossing guard
in front of St Agnes School informing the Council that this position has been advertised on several
occasions with no response The Chief of Police was directed to issue warnings first and then issue
tickets to everyone that is parked illegally around the school
The following items were submitted to the Council The monthly departmental reports (October),
letter from Darlene Mooney, Pnncipal, Key Biscayne Community School, regarding the Attendance
Boundary Committee, dated October 30, 1997
11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
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November 4 1997
12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and
events was presented to the Council and public
13 ADJOURNMENT The meeting adjourned at 11 15 p m
Respectfully submitted
Conchita H Alvarez, Village Clerk
Approved this 18th day of November ,1997
3 as, -74,_
F Festa
ayor
IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL
WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT
PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE,
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED
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